The Prison and Human Rights

Opinion Piece by Tala Al Otaibi, Staff Writer

June 22nd, 2020

Over the years, these the methods of punishment for crimes commited developed into legislation that was set to be implemented by different authority figures. With the development of the codes of law, the state became the responsible authority in maintaining public order, in many nations yet not all. In such a case, the state is viewed as the body that is considered to be wronged by a crime. Hence, the state takes it upon its own liberty to execute the punishment of said crime, in line with overarching penal codes.

Today, there is not one particular way to be punished by the law. A lawful punishment depends on many factors. What type of crime did you commit? Where did you commit this crime? Are you a citizen of the state you committed the crime in? How old were you at the time? While many punishments tend to have overwhelming similarities, every nation has different penal codes tackling their prison and justice system which determine the final verdict of a crime.

One of the most common forms of punishment under the law in our contemporary world is imprisonment in either detention or correction centers. States use prisons as a form of social organization in order to maintain public order to the best extent possible. Nevertheless, prison brutality, although very real, is not very often spoken about. A lot of this, arguably, has to do with the fact that it is not very easy for these instances to become publicized. If the institution responsible for holding criminals accountable do not obey the law, then who holds them accountable? This makes publicizing these accounts difficult.

So what about all these instances that are hidden behind closed doors? The Truth is, that often these publicized incidents are only publicized accidentally, and hardly intentionally. Unfortunately, within the prison organization, brutality is a constant factor. Records of prison brutality have existed for far too long and are often perceived as the norm. To many, it is believed that this brutality is only right given that inmates have committed a crime and deserve to be punished accordingly. What about those who are still awaiting trial, are wrongfully convicted, or face treatment or discrimination against the codes of conduct by the institution?

Violations of international human rights law are condemned for all states and all respective bodies within each state. Hence, law enforcement officials are expected to implement all given standards for human rights provided by the international community and the Universal Declaration of Human Rights. Human rights law dictates that all those who are deprived of their freedom must still be treated with dignity and respect. Of course, this includes all those imprisoned in correctional facilities no matter what crime they have committed in the past, as long as it goes in line with the national penal and criminal code. The guide provided by OHCHR further indicates that there should be no justification provided for any form of cruelty, even in the case of direct orders given by superiors in the facility. 

Unfortunately, prison staff tend to ignore these regulations, guidelines, and declarations more often than they should. However, the prison sentence, no matter how long, is punishment enough. The sole deprivation of freedom itself is a large punishment on its own.

Let us take a look into the prison facilities in the United States. In 2019, the Justice Department released a summary of its findings on the prison conditions in Alabama. Prisoners were found dead for long periods of time inside these facilities. Others were tied up and tortured physically for days at a time. Many others are beaten up on a regular basis or are subjected to sexual abuse and violence. Oftentimes, these prisoners are abused to a point of hospitalization. The factual and unfortunate truth is that these conditions are found in way more facilities than just inside Alabama or just inside the United States. 

What long-term effects does this have on crime? In the United States, with the highest rate of incarceration in the world, there are over 2.3 million prisoners currently incarcerated. In order to understand this concern deeper, let us take a look at Norway. The criminal justice system in Norway focuses on the rehabilitation of prisoners, rather than “punishing” them. That way, the focus is on helping the prisoner eventually becoming a functional member in society once again. The prison facilities in Norway are known for being part of the best and most humane facilities globally. For example, Norway does not implement any death penalties and does not sentence inmates to life imprisonment. The prison population in Norway, in comparison to that of the United States, is significantly lower, with less than 5,000 prisoners all over the country. 

This brings us to conclude how the treatment of prisoners may play an important role in the amount of crime found within a country. Should we look into more examples around the world, we can see that the states with cruel facilities statistically have more incarceration rates than facilities who provide rehabilitation for their prisoners. No matter the crime, a human being is still a human being who is prone to making mistakes. Truth is, we are all capable of committing crime. Some are just more vulnerable than others. Rather than punishing them ruthlessly, proper treatment and care of prisoners must be implemented as it is far better for the long-term betterment of society.